Enterprise Bill (HC Bill 112)

(a) may not specify a regulatory function so far as exercisable in
Scotland, if or to the extent that the function relates to matters
which are not reserved matters;

(b) may not specify a regulatory function so far as exercisable in
5Northern Ireland, if or to the extent that the function relates to
matters which are transferred matters;

(c) require the consent of the Welsh Ministers to specify a
regulatory function, so far as exercisable in Wales, which relates
to a Welsh ministerial matter.

(12) 10Regulations under subsection (9) may make different provision for—

(a) different purposes;

(b) different areas.

Cases with more than one primary authority

29A Primary authority enforcement action inconsistent with another
15authority’s advice etc

(1) This section applies if—

(a) a qualifying regulator nominated as a direct primary authority
or a co-ordinated primary authority for the exercise of a
function in relation to a person notifies the person, under
20section 25B(2)(a), of enforcement action that it proposes to take
against the person pursuant to the function, and

(b) within the referral period, the person notifies the primary
authority that the person considers the action to be inconsistent
with advice or guidance previously given (generally or
25specifically) by another qualifying regulator nominated as the
primary authority for the exercise of the function in relation to
the person.

(2) Section 25C (but not section 29C) applies in relation to the proposed
enforcement action as if the primary authority which gave the
30notification under section 25B(2)(a) were an enforcing authority under
section 25C; and section 25B no longer applies in relation to the action.

(3) “Referral period” in this section means the referral period mentioned in
paragraph 5(2) of Schedule 4A (period in which the regulated person or
the member may refer the proposed enforcement action to the Secretary
35of State).

29B Concurrent duties to notify primary authorities of enforcement action

(1) This section applies if—

(a) a qualifying regulator is nominated as a co-ordinated primary
authority for the exercise of a function in relation to a person,

(b) 40an enforcing authority proposes to take enforcement action
against the person pursuant to the function, and

(c) because of the nomination mentioned in paragraph (a), the
enforcing authority is (ignoring this section) required under
section 25C(2)(a) to notify the co-ordinated primary authority of
45the proposed enforcement action.

(2) That requirement to notify the co-ordinated primary authority does not
apply if condition A or B is met.

(3) Condition A is that under section 25C(2)(a) the enforcing authority is
required to notify another qualifying regulator of the proposed
enforcement action because of that other qualifying regulator’s
nomination as a direct primary authority for the exercise of the function
5in relation to the person.

(4) Condition B is that—

(a) condition A is not met,

(b) the enforcing authority is (ignoring this section) required under
section 25C(2)(a) to notify at least one other qualifying regulator
10of the proposed enforcement action because of that other
regulator’s nomination as a co-ordinated primary authority for
the exercise of the function in relation to the person, and

(c) the enforcing authority has so notified that other regulator or (if
there is more than one) it has so notified at least one of them.

29C 15Enforcement action notified to a primary authority inconsistent with
another authority’s advice etc

(1) This section applies if—

(a) a qualifying regulator is nominated as a direct primary
authority or a co-ordinated primary authority for the exercise of
20a function in relation to a person,

(b) that primary authority (“PA1”) is notified under section
25C(2)(a) of enforcement action that an enforcing authority
proposes to take against the person pursuant to the function,
and

(c) 25PA1 decides not to give a direction under section 25C(4)
directing the enforcing authority not to take the enforcement
action, and does not refer the action to the Secretary of State
under paragraph 4(1) of Schedule 4A.

(2) PA1 must, within the relevant period, take reasonable steps to find out
30if—

(a) another qualifying regulator nominated as the primary
authority (“PA2”) for the exercise of the function in relation to
the person has previously given advice or guidance (generally
or specifically), and

(b) 35the person considers the proposed enforcement action to be
inconsistent with that advice or guidance.

(3) If PA1 is of the view that such advice or guidance has previously been
given and that the person considers the proposed enforcement action to
be inconsistent with it, PA1 must—

(a) 40refer the action to PA2, and

(b) notify the enforcing authority and the person that it has done so.

(4) If subsection (3) applies—

(a) the reference of the proposed enforcement action by PA1 to PA2
under subsection (3)(a) is to be treated as a notification given by
45the enforcing authority to PA2 under section 25C(2)(a), and

(b) accordingly, section 25C (but not this section) applies in relation
to PA2 as the primary authority and ceases to apply in relation
to PA1 as the primary authority.

(5) “Relevant period” in this section has the same meaning as in section
25C (see subsection (9) of that section).

29D Overlapping inspection plans

(1) This section applies if, in relation to an inspecting regulator, there is
5more than one relevant inspection plan in respect of the exercise of the
same inspection function in relation to the same person.

(2) An inspection plan is “relevant” in relation to an inspecting regulator
if—

(a) it is a plan made by it (as a primary authority) to which the
10Secretary of State has consented under section 26A(7), or

(b) it is a plan notified to it (as an inspecting regulator) under
section 26A(8)(b).

(3) If—

(a) the inspecting regulator is a direct primary authority for the
15exercise of the inspection function in relation to the person, and

(b) there is a relevant inspection plan made by the regulator in
relation to the exercise of the function in relation to the person,

section 26B(2) (duty of inspecting regulator to act in accordance with
plans notified by the primary authority) does not apply in relation to
20the inspecting regulator by reason of it being notified of any other
relevant inspection plan under section 26A(8)(b) in relation to the
exercise of the function in relation to the person.

(4) Subsection (5) applies if—

(a) the inspecting regulator is a co-ordinated primary authority for
25the exercise of the inspection function in relation to the person,
and

(b) there is a relevant inspection plan which is made by a direct
primary authority for the exercise of the function in relation to
the person and notified to the inspecting regulator under
30section 26A(8)(b).

(5) Where this subsection applies—

(a) section 26B(1) (duty of primary authority to have regard to its
own inspection plan) does not apply to the inspecting regulator
(as primary authority) in relation to any relevant inspection
35plan made by it in respect of the exercise of the function in
relation to the person;

(b) in the application of section 26B(2) to the exercise of the function
in relation to the person by the inspecting regulator, the
reference to the inspection plan in that provision is to the plan
40mentioned in subsection (4)(b) only.

(6) If—

(a) the inspecting regulator is a co-ordinated primary authority for
the exercise of the inspection function in relation to the person,

(b) there is a relevant inspection plan made by the regulator in
45respect of the exercise of the function in relation to the person,
and

(c) subsection (5) does not apply,

section 26B(2) does not apply in relation to the exercise of the function
by the inspecting regulator in relation to the person.

(7) If none of subsections (3) to (6) apply, but more than one relevant
inspection plan is notified to the inspecting regulator under section
526A(8)(b) in relation to the exercise of the inspection function in relation
to the person, in section 26B(2) the reference to the plan is to be read—

(a) if one of those plans is made by a direct primary authority for
the exercise of the function in relation to the person, as a
reference to that plan, and

(b) 10otherwise, as a reference to any one of the plans notified to the
regulator.

General

30A Guidance and directions

(1) The Secretary of State may give guidance to any one or more qualifying
15regulators, supporting regulators, complementary regulators or co-
ordinators about the operation of this Part.

(2) The guidance may include, in particular, guidance to qualifying
regulators about—

(a) arrangements under section 24A(3) for the giving of advice or
20guidance by primary authorities;

(b) enforcement action referred to the Secretary of State under
paragraph 1(1), 2(1), 3(1) or 4(1) of Schedule 4A;

(c) the notification of inspection plans under section 26A(8);

(d) the charging of fees under section 27A.

(3) 25The guidance may include, in particular, guidance to supporting
regulators about—

(a) the circumstances in which a function is relevant to the exercise
of a partnership function for the purposes of section 28A;

(b) the charging of fees under section 28A(6).

(4) 30A qualifying regulator, supporting regulator, complementary regulator
or co-ordinator must have regard to any guidance given to it under this
section.

(5) Before giving guidance under this section the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(6) 35The Secretary of State may not give guidance under subsection (2)(d) or
(3) without consulting the Welsh Ministers.

(7) The Secretary of State may at any time vary or revoke guidance given
under this section.

(8) The Secretary of State must publish guidance given under this section
40and any variation or revocation of the guidance.

(9) A qualifying regulator must comply with a direction given to it under
this Part.

30B Periods of time under Part 2

The Secretary of State may by regulations amend any provision of this
Part which specifies a period within which, or a time before which,
anything must, must not or may be done.

30C 5Regulations under Part 2

(1) Regulations under this Part must be made by statutory instrument.

(2) A statutory instrument containing regulations under section 22B,
28B(1)(a) or 30B (whether alone or with other provision) may not be
made unless a draft of the instrument has been laid before, and
10approved by resolution of, each House of Parliament.

(3) Any other statutory instrument containing regulations under this Part
is subject to annulment in pursuance of a resolution of either House of
Parliament.

30D Interpretation of Part 2

(1) 15In this Part—

• “complementary regulator” means a complementary regulator
  under section 28B;

• “co-ordinated primary authority” has the meaning given in
  section 23A(1)(b);

• 20“co-ordinator” has the meaning given in section 23C(1);

• “direct primary authority” has the meaning given in section
  23A(1)(a);

• “enforcement action” has the meaning given in section 25A;

• “enforcing authority” has the meaning given in section 25C(2);

• 25“inspection function” has the meaning given in section 26A(1);

• “inspection plan” has the meaning given in sections 26A(2) and
  26C(5);

• “inspecting regulator” has the meaning given in section 26A(3);

• “local authority” has the meaning given in section 22B(2) and (3);

• 30“Northern Ireland” has the same meaning as in the Northern
  Ireland Act 1998;

• “partnership function” has the meaning given in section 23A(2)
  and (7);

• “primary authority” means a qualifying regulator nominated as a
  35primary authority under section 23A(1);

• “qualifying regulator” has the meaning given in section 22B(1);

• “regulated group” has the meaning given in section 22A(2);

• “regulated person” has the meaning given in section 22A(1);

• “relevant function” has the meaning given in section 22C(1);

• 40“reserved matter” has the same meaning as in the Scotland Act
  1998;

• “Scotland” has the same meaning as in the Scotland Act 1998;

• “specified regulator” has the meaning given in section 22B(4);

• “supporting regulator” means a supporting regulator under
  45section 28A;

• “transferred matter” has the same meaning as in the Northern
  Ireland Act 1998;

Enterprise BillPage 35

• “Wales” has the same meaning as in the Government of Wales Act
  2006;

• “working day” has the meaning given in subsection (2).

(2) In this Part, “working day” means a day other than—

(a) 5a Saturday or Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in the relevant part of the United Kingdom.

(3) For the purposes of subsection (2)(c), the “relevant part” of the United
10Kingdom is—

(a) in relation to section 23D(5), 28A(8) or 28B(7) (period in which
co-ordinator must make available a list of group members or of
group members to whom an inspection plan may be relevant),
the part where the co-ordinator of the group is;

(b) 15in any other case, the part where the primary authority is.”

(2) For Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008
(enforcement action: references to the Secretary of State) substitute Schedule
4A set out in Schedule 3 to this Act.

Part 4 20Apprenticeships

20 Public sector apprenticeship targets

(1) In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning
Act 2009 (apprenticeships: England), after section A8 insert—

“A9 Public sector apprenticeship targets

(1) 25The Secretary of State may by regulations set apprenticeship targets for
prescribed public bodies.

(2) An “apprenticeship target”, in relation to a public body, is a target
relating to the number of persons (“apprentices”) who work for the
body under an apprenticeship agreement.

(3) 30Public bodies for which apprenticeship targets are set under this
section must have regard to—

(a) the targets, and

(b) any applicable guidance issued by the Secretary of State in
relation to the targets.

(4) 35The Secretary of State may require a public body to provide any
information that the Secretary of State needs for the purpose of
exercising functions under this section.

(5) Regulations under this section may set apprenticeship targets for—

(a) a prescribed public body,

(b) 40a prescribed part of a public body,

(c) a prescribed group of public bodies, or

(d) public bodies of a prescribed description.

A reference in this section to a public body includes a reference to a
prescribed part of a public body or a prescribed group of public bodies.

(6) The regulations must specify the period to which each apprenticeship
target relates.

(7) 5In this section—

• “apprenticeship agreement” means—

  (a)

  an approved English apprenticeship agreement;

  (b)

  an apprenticeship agreement within the meaning given
  in section 32 as it applies in relation to England by virtue
  10of provision made under section 115(9) of the
  Deregulation Act 2015;

• “public body” means—

  (a)

  a public authority, or

  (b)

  a body or other person that is not a public authority but
  15has functions of a public nature and is funded wholly or
  partly from public funds.

A10 Further provision about apprenticeship targets

(1) A public body for which an apprenticeship target is set must —

(a) publish and send to the Secretary of State the information
20specified in subsection (2), and

(b) send to the Secretary of State any other prescribed information,

within six months after the end of each reporting period of the body in
the target period.

(2) The information referred to in subsection (1)(a) is—

(a) 25the number of employees whose employment by the body
began in the reporting period in question (“figure A”);

(b) the number of apprentices who began to work for the body in
that period and whose apprenticeship agreements also began in
that period (“figure B”);

(c) 30figure B expressed as a percentage of figure A;

(d) the number of employees that the body has at the end of that
period (“figure C”);

(e) the number of apprentices who work for the body at the end of
that period (“figure D”);

(f) 35figure D expressed as a percentage of figure C;

(g) if that reporting period is the first reporting period in the target
period, the number of apprentices who worked for the body
immediately before that period.

(3) The information that may be prescribed under subsection (1)(b)
40includes—

(a) information about action that the body has taken to meet an
apprenticeship target set for it;

(b) if the public body has failed to meet an apprenticeship target set
for it, an explanation of why the target has not been met;

(c) 45information about action that the body proposes to take to meet
an apprenticeship target set for the body for a period that has
not yet expired (“a future target”);

(d) if the body considers that a future target is not likely to be met,
an explanation of why that is so.

(4) Regulations may specify how the information is to be published or sent.

(5) A body’s “reporting periods” in the target period are—

(a) 5so much of the first financial year of the body to end in the target
period as falls within that period,

(b) each subsequent financial year of the body which falls wholly
within the target period, and

(c) if the target period ends during a financial year of the body, so
10much of that financial year as falls within that period.

(6) But, where the target period in relation to a body does not exceed 12
months, the Secretary of State may direct in writing that for the
purposes of this section the body is to be treated as having one
reporting period which coincides with the target period.

(7) 15Where, by virtue of section A9(5)(c) or (d) a target is set for more than
one public body, regulations may specify which body’s financial year
is to be used to determine the reporting periods under subsection (5).

(8) In this section—

• “apprenticeship agreement” has the meaning given by section
  20A9(7);

• “apprenticeship target” has the meaning given by section A9(2);

• “public body” has the meaning given by section A9(7);

• “target period”, in relation to an apprenticeship target, means the
  period specified under section A9(6) as the period to which the
  25target relates.”

(2) In section 262(6) of that Act (regulations etc subject to affirmative resolution
procedure), before paragraph (aa) insert—

“(za) the first regulations under section A9;

(zb) the first regulations under section A10;”.

21 30Only statutory apprenticeships to be described as apprenticeships

(1) In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning
Act 2009 (apprenticeships: England), after section A10 (inserted by section 20)
insert—

“A11 Only statutory apprenticeships to be described as apprenticeships

(1) 35A person (“P”) providing or offering any course or training that is, or is
to be, undertaken (wholly or partly) in England commits an offence if—

(a) in the course of business P describes the course or training as an
apprenticeship, and

(b) the course or training is not a statutory apprenticeship.

(2) 40No offence is committed under subsection (1) where the course or
training is, or is to be, provided to an individual under or in pursuance
of a contract of employment between the individual and P.

(3) In subsection (1) “statutory apprenticeship” means any course or
training that is, or is to be, provided under—

(a) an approved English apprenticeship;

(b) an apprenticeship agreement within the meaning given in
section 32;

(c) an arrangement to undertake any other kind of working—

(i) 5in relation to which alternative English completion
conditions apply under section 1(5), and

(ii) in connection with which training is to be provided in
accordance with an apprenticeship framework within
the meaning given in section 12; or

(d) 10arrangements made under—

(i) section 2 of the Employment and Training Act 1973,

(ii) section 17B(1)(a) of the Jobseekers Act 1995,

(iii) section 2(3) of the Enterprise and New Towns (Scotland)
Act 1990, or

(iv) 15section 1 of the Employment and Training Act
(Northern Ireland) 1950,

that are identified by the person making the arrangements as
arrangements for the provision of apprenticeships.

(4) The reference to section 32 in subsection (3)(b) includes a reference to
20that section as it applies in relation to England by virtue of provision
made under section 115(9) of the Deregulation Act 2015; and a reference
to a section in subsection (3)(c) is a reference to the section as it so
applies.

(5) A person guilty of an offence under this section is liable on summary
25conviction to a fine.

(6) Where an offence under this section committed by a body corporate—

(a) is committed with the consent or connivance of an officer of the
body corporate, or

(b) is attributable to neglect on the part of an officer of the body
30corporate,

the officer also commits the offence and is liable to be proceeded
against and punished accordingly.

(7) Every local weights and measures authority in England—

(a) has a duty to enforce the provisions of this section within their
35area;

(b) must make to the Secretary of State, whenever he or she so
directs, a report on the exercise of the authority’s functions
under this section.

A report under paragraph (b) must be in such form, and contain such
40particulars, as the Secretary of State may direct.

(8) Proceedings for an offence under this section may be instituted only—

(a) by or on behalf of a local weights and measures authority in
England,

(b) by or on behalf of the Secretary of State, or

(c) 45with the consent of the Director of Public Prosecutions.

(9) In this section—

• “contract of employment” has the same meaning as in the
  Employment Rights Act 1996 (see section 230(2) of that Act);

Enterprise BillPage 39

• “offering”, in relation to any course or training, includes offering
  or marketing it to the public generally or to any section of the
  public;

• “officer”, in relation to a body corporate, means—

  (a)

  5a director, manager, secretary or similar officer of the
  body, or a person purporting to act in such capacity;

  (b)

  a governor of an educational institution conducted by
  the body.

(10) The reference in subsection (1) to describing any course or training as
10an apprenticeship includes a reference to describing an individual who
undertakes it as an apprentice.”

(2) In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc), in
paragraph 10, at the appropriate place insert—

““section A11(7)(a) of the Apprenticeships, Skills, Children and
15Learning Act 2009;”.

Part 5 Late payment of insurance claims

22 Insurance contracts: implied term about payment of claims

(1) After section 13 of the Insurance Act 2015 (remedies for fraudulent claims:
20group insurance) insert—

““Part 4A Late payment of claims

13A Implied term about payment of claims

(1) It is an implied term of every contract of insurance that if the insured
25makes a claim under the contract, the insurer must pay any sums due
in respect of the claim within a reasonable time.

(2) A reasonable time includes a reasonable time to investigate and assess
the claim.

(3) What is reasonable will depend on all the relevant circumstances, but
30the following are examples of things which may need to be taken into
account—

(a) the type of insurance,

(b) the size and complexity of the claim,

(c) compliance with any relevant statutory or regulatory rules or
35guidance,

(d) factors outside the insurer’s control.

(4) If the insurer shows that there were reasonable grounds for disputing
the claim (whether as to the amount of any sum payable, or as to
whether anything at all is payable)—

(a) 40the insurer does not breach the term implied by subsection (1)
merely by failing to pay the claim (or the affected part of it)
while the dispute is continuing, but